Bill Text - HB1807 (2018)

Relative to exploitation of elderly, disabled, or impaired adults and establishing a protective order for vulnerable adults.


Revision: May 25, 2018, 10:48 a.m.

HB 1807-FN - VERSION ADOPTED BY BOTH BODIES

 

04/26/2018   1740s

23May2018... 2090-EBA

2018 SESSION

18-2452

01/10

 

HOUSE BILL 1807-FN

 

AN ACT relative to exploitation of elderly, disabled, or impaired adults.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Baldasaro, Rock. 5; Rep. McMahon, Rock. 7; Rep. Wallner, Merr. 10; Rep. LeBrun, Hills. 32; Rep. Heath, Hills. 14; Rep. Campion, Graf. 12; Rep. P. Long, Hills. 10; Rep. Messmer, Rock. 24; Sen. Carson, Dist 14; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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AMENDED ANALYSIS

 

This bill clarifies the law relating to financial exploitation of elderly, disabled, or impaired adults.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/26/2018   1740s

23May2018... 2090-EBA 18-2452

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to exploitation of elderly, disabled, or impaired adults.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Financial Exploitation of Elderly, Disabled, or Impaired Adults.  Amend the introductory paragraph of RSA 631:9, I(b) to read as follows:

(b)  In the absence of legal authority a person knowingly or recklessly through the use of undue influence, harassment, duress, force, compulsion, [or] coercion, or under any circumstances where the person knew that the elderly, disabled, or impaired adult lacked capacity to consent, or consciously disregarded a substantial and unjustifiable risk that the elderly, disabled, or impaired adult lacked capacity to consent:

2  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2452

12/13/17

 

HB 1807-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to exploitation of elderly, disabled, or impaired adults and establishing a protective order for vulnerable adults.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill clarifies RSA 631:9, relative to financial exploitation of elderly, disabled, or impaired adults.  In addition, the bill establishes a process enabling vulnerable adults to seek permanent and temporary relief from abuse, exploitation, and neglect.  The legislation authorizes, but does not mandate, the Department of Health and Human Services to file petitions alleging abuse, exploitation, or abuse by a defendant.  If the Department were to file these petitions directly, there would likely be additional personnel costs, as well as mileage expenses for Department attorneys, adult protective services workers, and other necessary witnesses.  Even if the Department does not directly file petitions, it assumes Department personnel will frequently be used as witnesses, resulting in mileage and other costs.  The Department is unable to predict the extent of any cost increase.   

 

This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

 

Judicial Branch

FY 2019

FY 2020

Class B Misdemeanor

$50

$51

Class A Misdemeanor

$72

$73

Protective Order

$156

$158

Routine Criminal Felony Case

$457

$462

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$825/Case

$825/Case

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

 

 

FY 2017 Average Cost of Incarcerating an Individual

$36,960

$36,960

FY 2017 Annual Marginal Cost of a General Population Inmate

$4,555

$4,555

FY 2017 Average Cost of Supervising an Individual on Parole/Probation

$557

$557

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

AGENCIES CONTACTED:

Departments of Health and Human Services, Justice, and Corrections, Judicial Branch, Judicial Council, and New Hampshire Association of Counties